SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

CITY OF BURLINGTON, VERMONT

DEPARTMENT OF JUSTICE NUMBER 204-78-26

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice (“Department”) initiated this matter as a compliance review of the City of Burlington, Vermont (“City”) under title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section (“DRS”) of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992 and make modifications necessary to comply with the Department’s title II regulations (28 C.F.R. Part 35), 28 C.F.R. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply with and carry out the City’s ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

  delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
  
  

  physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (“Standards”) or the Uniform Federal Accessibility Standards (“UFAS”);

• to ensure that facilities for which construction or alteration was begun after January 26, 1992 are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. §35.151;
  
  
• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
  
  
• where the City communicates by telephone, to communicate through a telecommunications device for the deaf (TDD), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
  
  
• to provide direct access via TDD or computer to telephone emergency services, including 911 services, for persons who use TDD’s and computer modems, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: City Hall, Bernard J. Leddy Park, Ethan Allen Park, Burlington Police Department Headquarters, Police Sub-station #5, Police Sub-station #4, Francis J. O’Brien Water Treatment Facility, Main Wastewater Treatment Plant, Burlington Electric Department, The Old Fire House, Burlington Waterfront Park and Promenade, Memorial Auditorium, Department of Public Works, Fletcher Free Library, Shamanska Park, Oakledge Park, Calahan Park, Battery Park, Roosevelt Park, Schifiliti Park, and Perkins Pier.

The following buildings constitute new construction commenced after January 26, 1992: Burlington Police Department Headquarters and the Department of Public Works. Of the remaining facilities that were reviewed, the following constitute alterations that commenced after January 26, 1992: Bernard J. Leddy Park Ice Arena (renovation of toilet rooms, installation of accessible door hardware, and designation of accessible parking); Perkins Pier (construction of an entrance ramp and renovation of toilet rooms); Battery Park (designation of accessible parking spaces and renovation of toilet rooms); Oakledge Park (renovation of toilet rooms and accessible route); Calahan Park (renovation of toilet rooms and designation of accessible parking spaces); Shamanska Park (renovation of Barn, including entrance and toilet rooms); Schifiliti Park (designation of accessible parking spaces); Ethan Allen Park (installation of accessible parking spaces); Roosevelt Park (renovation of toilet rooms); Francis J. O’Brien Water Treatment Facility (renovation of public toilet rooms); the Fletcher Free Library (installation of accessible drinking fountains, re-paving the front walkway, and lowering of the service counter); the Old Fire House (installation of glass doors in the gallery, renovation of the second floor toilet room, and installation of directional signage at the third floor toilet room); Memorial Auditorium (renovation of downstairs toilet rooms, replacement of the handrail at the front entrance, replacement of the pay telephone, and installation of an audio-visual alarm system); Burlington Waterfront Park and Promenade (renovation of public toilet rooms, renovation of entrance ramp, and installation of an accessible boat launch); Main Waste Water Treatment Plant (renovation of building and site); Police Sub-station #5 (renovation of toilet room, and entrance); and City Hall (installation of an accessible counter, room designation signage, an infrared loop system, and an automatic door opener for the entrance door).

The Department also conducted a program access review of the following polling places: Lyman C. Hunt Middle School, St. Mark’s Catholic Church Youth Center, H. O. Wheeler Elementary School, and Edmunds Middle School. This review was limited to the areas of the facilities used by the voting public: parking, the route from parking to the area used for voting, and the area used for voting.

B. JURISDICTION

1. The ADA applies to the City because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.

3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City’s compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE CITY

4. The City conducted a self-evaluation in 1990 to comply with § 504 of the Rehabilitation Act. It developed a transition plan in July 1992 and updated the self-evaluation plan in November 1994. The documents show a thorough review. This review was aided by the Advisory Committee on Accessibility, the Committee created by City ordinance and consisting of five citizens, including three individuals with disabilities or who are associated with individuals with disabilities.

5. The City has taken steps to bring its employment policies into compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application and are prohibited in the interview process. Its policies recognize the City’s obligation to not discriminate against qualified individuals with disabilities in all aspects of hiring and employment; to reasonably accommodate applicants and employees with disabilities upon notice of need, unless to do so causes an undue hardship; and to keep medical information confidential and separate from employees’ personnel files.

6. By press release dated January 20, 1992, the City notified applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations.

7. The City has an ADA Coordinator for the City as a whole and one for each department.

8. The City adopted its ADA grievance procedure by resolution of the City Council in August 1997. It provides for a grievance to be lodged with the ADA Coordinator, with an appeal to the City Council Personnel Committee. If after 10 days from receipt of the grievance the Coordinator is unable to resolve the matter, the grievance will go before the Advisory Commission and a final decision will be made by the City Council Personnel Committee. The Council’s resolution is available for public inspection in the City Clerk’s office.

9. The City has focused on physical changes to provide program access. It embarked on a program to install cross walks and attempted to make the parks, beachfront areas, and playground equipment accessible. It also completed a comprehensive sidewalk repair program installing numerous curb ramps where pedestrian walkways cross curbs.

10. Each of the City’s main departments/divisions has a TDD for communicating with the public and includes the TDD telephone number on its letterhead.

11. Each of the City’s polling places has accessible parking that is on an accessible route into the polling area and accessible polling areas.

12. The City of Burlington has a policy in place to provide effective communication for persons with hearing impairments. The City’s published public notices of meetings include a “Request for Accommodation” form. Options for accommodation are considered and mutual agreement is reached between the City and the person making the request as to the accommodation that will be effective. In addition, the City has made provisions for obtaining sign language interpreters on request, has installed an infrared loop system in its City Hall Auditorium/Council Chambers, and has purchased assistive listening devices that are available for use at public meetings and at the ice rink.

REMEDIAL ACTION

The parties to this Agreement are the United States of America and the City of Burlington, Vermont. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

13. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter regarding ¶¶15 - 40, except as provided in ¶¶ 43, 45.

14. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design (“Standards”) are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. 9-1-1 SERVICES

15. The City has a Center that answers police, fire, and ambulance needs. The response system is incorporated into the computer program for the police department, and the police and fire departments have a separate TDD for 911 response. The State Police receive all of the City’s 911 calls at a communications center for Chittenden County, which acts as a relay service. Non-emergency calls come directly to the City.

16. The City agrees to continue to ensure that TDD calls are answered as quickly as other calls received. The City will also continue to ensure that employees are trained and practiced in using a TDD to make and receive calls.

17. The City will work with the officials who are responsible for the operation of the 911 Center at Williston State Police Barracks to ensure that all 911 TDD calls that are received by the Center for the City are transferred directly to the City’s 911 center, and that the Center personnel cease to act as a relay system for 911 calls.

18. The City will incorporate correct TDD call-taking procedures into call-takers’ performance evaluations, and will amend its personnel policies to include written disciplinary procedures for call-takers who fail to perform TDD call-taking consistent with the training and procedures. The City will submit a copy of its evaluation and procedures to the Department within 90 days of the effective date of this Agreement.

B. SIGNAGE ON ACCESSIBLE AND INACCESSIBLE ENTRANCE

19. Within 6 months of the effective date of this Agreement, the City will survey the facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances, not all of which are accessible, and install signage as necessary in compliance with 28 C.F.R. § 35.163(b).

C. PHYSICAL ALTERATIONS

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

20. Burlington Police Department Headquarters.

The City shall complete the following modifications to Burlington Police Headquarters within nine months of the effective date of this Agreement:

a. Accessible Parking

(1) There are two designated accessible parking spaces that share an access aisle. Provide at least one van accessible parking space served by an access aisle 96 inches wide. The space shall be identified by an additional sign mounted below the symbol of accessibility designating the space as van-accessible. Provide a sign at each accessible parking space mounted so that the sign cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a)(b), 4.6.4.

b. Desk Officer Service Counter.

The service counter in the lobby used by the public for completing and filing reports has no accessible section. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation at an accessible location for individuals who use wheelchairs. Standards § 7.2(2)

c. Holding Cells.

The City shall designate one or more accessible holding cells and make the following modifications:

(1) There are no grab bars at the toilets in the holding cells. Provide side and rear grab bars in the designated holding cell(s). Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29, 4.26.

(2) The centerline of the toilet in the holding cells is located 15 inches from the side wall. Provide a toilet in the designated holding cell(s) so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.

(3) The clear floor space at the toilet in each holding cell is 36 inches wide. Provide a designated holding cell with a minimum clear floor space that is 48 inches wide. Standards §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.

d. Victim-Witness Area Toilet Rooms.

(1) The diaper changing station is 40 1/4 inches from the surface of the floor to the top rim of the fixture, when lowered. Provide a station that has a top surface 28 to 34 inches above the finish floor. Standards §§ 4.1.3(18), 4.32.4

(2) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

In order to ensure that elements in facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with mobility impairments, and that each of the City's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions.

21. The Old Fire House

The City will submit complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the renovation of the Old Fire House to the Department for its review within 30 days of the effective date of this Agreement. The Department will review the documentation for conformity to the ADA Standards for Accessible Design, and the City will modify the facility, if necessary, to comply with the Standards, within a time frame agreed to by the parties.

22. Bernard J. Leddy Park Ice Arena.

The City shall complete the following modifications to the Bernard J. Leddy Park Ice Arena within ninety days of the effective date of this Agreement.

a. Accessible Parking (Alteration)

(1) There are eight designated accessible parking spaces in the front parking area and three designated spaces in the rear parking area, none of which is served by an adjacent access aisle or identified as “van-accessible.” Provide an access aisle for each space (spaces may share an access aisle). In addition, provide at least one van accessible parking space, that is served by an access aisle at least 96 inches wide, in both the front and rear parking areas. Install a sign designating the space as “van accessible” mounted below the symbol of accessibility. Signs for accessible parking shall be in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles that comply with the Standards for the remaining accessible parking spaces. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

(2) There are four “Reserved” signs distributed among the eight accessible spaces in the front parking area. Install signage at each space, using the international symbol of accessibility, located so that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a), 4.6.4.

b. Men’s Toilet Room, Ice Level (Alteration)

The side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and its end farthest from the back wall is located at least 54 inches from the wall. Standards §§ 4.1.3(11), 4.16.4, 4.22.4, & Fig. 29(b).

c. Accessible Route

The doors to the first aid station, administrative offices, and the pro shop all have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(7), 4.13.9.

d. Telecommunication Device for the Deaf

A TDD is maintained in the pro shop office and is available for use by the public, but there is no directional signage at the public pay telephone to inform the public of the location of the TDD. Install directional signage adjacent to the pay telephone indicating the location of the TDD. Such directional signage shall include the international TDD symbol. Standards §§ 4.1.3(17)(c), 4.31, 4.30.7(3), & Fig 43(c) & (d).

23. Burlington Waterfront Park and Promenade.

The City shall make the following modifications to the Burlington Waterfront Park and Promenade within 1 1/2 years of the effective date of this Agreement:

a. Accessible Route

The entry ramp handrails have a 2x6 board mounted above and inside the permanent handrails on each side, creating a gap of 2 1/2 inches. Remount these boards lower and behind each handrail to provide a space of exactly 1 1/2 inches. Standards § 4.26.2, & Fig. 39(a).

b. Men’s Toilet Room (Alteration)

(1) A baby chair mounted on the door of the accessible stall reduces the clear opening width to 29 inches. Provide a minimum clear opening width of 32 inches. Standards §§ 4.1.3(11), 4.13.5, 4.17.5, 4.22.4

(2) The grab bars in the designated accessible stall are 39 1/2 inches above the finish floor. Replace or reposition the bars to 33-36 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig 30(d).

(4) The lavatory has a clearance of 27 inches from the bottom of the apron to the finish floor. Provide a clearance of 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.3(11), 4.19.2 & Fig 31

(5) The mirror in each room is mounted so that the bottom of the reflecting surface is 431/2 inches above the finish floor. Provide a mirror so that the bottom of its reflecting surface is not more than 40 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.

(6) The door coat hook in the designated accessible stall in each room is located 64 inches above the finish floor. Provide a coat hook that is not more than 48 inches above the finish floor for a forward approach nor more than 54 inches above the finish floor for a side approach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(7) The rim of the urinals in the men’s room are 261/2 inches above the finish floor. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and a flush control no higher than 44 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.4.

c. Women’s Toilet Room (Alteration)

(1) The toilet room signage is mounted in the wrong location. Provide a sign, using Braille and raised letters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of the door. Standards §§ 4.1.3(16(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) A baby chair mounted on the door of the designated accessible stall reduces the clear opening width to 29 inches. Provide a minimum clear opening width of 32 inches. Standards §§ 4.1.3(11), 4.13.5, 4.17.5, 4.22.4.

24. Memorial Auditorium

The City shall complete the following modifications to the Memorial Auditorium within three years of the effective date of this Agreement, unless otherwise indicated.

a. Accessible Route (Annex)

(1) There are no handrails for the designated accessible entrance ramp to the Annex side of the building. Install handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post and otherwise comply with the Standards. §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.

(2) The route to the Annex’s designated accessible entrance is a concrete ramp from the sidewalk that has deteriorated. Provide an accessible route from the sidewalk to the accessible entrance that is stable, firm, and slip-resistant. Standards §§ 4.1.2(1), 4.3.6, 4.5.1.

(3) There is a manually-operated wheelchair lift in use for access to the stage that does not provide for unassisted entry, operation, or exit from the lift. Provide a wheelchair lift that complies with the requirements for an accessible route. Standards §§ 4.1.6(3)(g), 4.11.

(4) There are stairs leading to the entrance to the dressing/changing rooms. Provide an accessible route to the dressing/changing rooms. Standards §§ 4.33.5, 4.3.8, 4.8.

b. Men’s Toilet Room (Annex) (Alteration)

Within one year of the effective date of this Agreement, the City shall complete the following modifications to the Men’s Toilet Room (Annex):

(1) The height of the lavatory counter is 35 inches above the finish floor. Provide a lavatory with a counter/rim that is no more than 34 inches above the finish floor, with a clearance of at least 29 inches above the floor to the bottom of the apron, and that otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(2) None of the urinals in the men’s toilet room is accessible. Provide an accessible urinal with an elongated rim that is mounted no higher than 17 inches above the finish floor and a flush control no higher than 44 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2.

(3) The toilet room identification sign is not accessible. Provide signage, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. Women’s Toilet Room (Annex) (Alteration)

Within one year of the effective date of this Agreement, the City shall complete the following modifications to the Women’s Toilet Room (Annex):

(1) The height of the lavatory counter is 35 inches above the finish floor. Reposition or provide a lavatory with a counter/rim that is no more than 34 inches above the finish floor, with a clearance of at least 29 inches above the floor to the bottom of the apron, and that otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(2) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 41 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

d. Men’s Toilet Room (Lobby, Auditorium Level)

Within one year of the effective date of this Agreement, the City shall complete the following modifications to the Men’s Toilet Room (Lobby, Auditorium Level):

(1) The toilet room identification sign is not accessible. Install signage, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) There are two side grab bars at the toilet, 24 and 48 inches above the finish floor. Provide a side grab bar that is 33 to 36 inches above the finish floor and that otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.22.4., 4.16.4 & Fig. 29(b).

(3) The centerline of the toilet is located 21 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.

(4) The toilet paper dispenser is located 46 inches from the rear wall and 42 inches above the floor. Provide a dispenser that it is within reach as required by the Standards and is at least 19 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6 & Fig. 29(b).

(5) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(6) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 42 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(7) The paper towel dispenser is mounted so that the control is located 57 inches above the finish floor. Provide a dispenser so that its highest operable part is within the reach ranges of a person who uses a wheelchair. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

e. Women’s Toilet Room (Lobby, Auditorium Level)

Within one year of the effective date of this Agreement, the City shall complete the following modifications to the Women’s Toilet Room (Lobby, Auditorium Level):

(1) The toilet room identification sign is not accessible. Install signage, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) There are two side grab bars at the toilet, 24 and 48 inches above the finish floor. Provide a side grab bar that is 33 to 36 inches above the finish floor and otherwise complies with the Standards. Standards §§ 4.1.3(11), 4.22.4., 4.16.4 & Fig. 29(b).

(3) The toilet paper dispenser is located 44 inches from the rear wall and 30 inches above the floor. Provide a dispenser so that it is within reach as required by the Standards and is at least 19 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6 & Fig. 29(b).

(4) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 42 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

f. Men’s Dressing/Changing Room

(1) The changing room has a 29 1/2 inch wide entryway with a 5 1/2 inch curb, followed by a 29 inch wide entryway with a 5 inch curb into the communal shower. There are six fixed shower heads at 73 inches with controls mounted at 53 1/2 inches. Provide an entry into the room and shower area that has a minimum clear opening width of 32 inches and no curb. In the shower room, provide at least one shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower. Standards §§ 4.1.3(11), 4.13.5, 4.23.2, 4.23.8, 4.21.6, 4.21.7.

(2) The men’s toilet room on the Dressing/Changing Room Level is inaccessible. Renovate the toilet room so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, urinal, lavatory, mirror, controls and dispensers, and signage comply with the Standards. Standards §§ 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

g. Women’s Dressing/Changing Room

(1) The changing room has a 29 1/2 inch wide entryway with a 5 1/2 inch curb followed by a 29 inch wide entryway with a 5 inch curb into the communal shower. There are six fixed shower heads at 73 inches with controls mounted at 53 1/2 inches. Provide an entry into the room and shower area that has a minimum clear opening width of 32 inches and no curb. In the shower room, provide at least one shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower. Standards §§ 4.1.3(11), 4.13.5, 4.23.2, 4.23.8, 4.21.6, 4.21.7.

(2) The women’s toilet room on the Dressing/Changing Room Level is inaccessible. Renovate the toilet room so that the spaces and elements, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, urinal, lavatory, mirror, controls and dispensers, and signage comply with the Standards. Standards §§ 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.

h. Dressing Rooms

The makeup mirrors in the dressing rooms are mounted so that the bottom edges of the reflecting surfaces are 42 1/2 inches above the finish floor. Provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

25. Oakledge Park

The City shall complete the following alterations to Oakledge Park within 1 1/2 years of the effective date of this Agreement:

a. Accessible Parking

There are four designated accessible parking spaces in the Picnic Pavilion parking area and three designated spaces in the Lower Shelter House parking area, none of which is served by an adjacent access aisle or identified as “van accessible.” Provide an access aisle for each space (spaces may share an access aisle). In addition, provide at least one van accessible parking space, that is served by an access aisle at least 96 inches wide, in both the Pavilion and Lower parking areas. Install a sign designating the space as “van-accessible” mounted below the symbol of accessibility. Signs for accessible parking shall be in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles that comply with the Standards for the remaining accessible parking spaces. Standards §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. Lower Shelter House Women’s Restroom and Shower (Alteration)

(1) The designated accessible stall toilet paper dispenser is mounted 42 inches above the floor and 39 inches from the rear wall to the front edge of dispenser. Provide a dispenser on the side wall so that it is within reach as required by the Standards and is at least 19 inches above the finish floor. Standards §§ 4.1.3(11), 4.23.4, 4.16.6 & Fig. 29(b).

(2) The toilet flush control in the women’s designated accessible stall is on the closed, or narrow, side of the toilet stall. Provide a control that is on the open or wide side of the toilet stall, or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

(3) The centerline of the toilet in the designated accessible stall is located 22 1/2 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(4) The rear grab bar in the designated accessible stall in the women’s toilet room is mounted 8 inches from the side wall. Provide a grab bar with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(5) The side grab bar in the designated accessible stall is 36 inches long. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.

(6) Provide an accessible dressing area in the women’s shower room with sufficient wheelchair turning space and a 24 inch by 48 inch bench fixed to the wall along the longer dimension that is mounted between 17 and 19 inches above the finish floor. Standards §§ 4.1.3(21), 4.35.2, 4.35.4.

(7) The shower stall in the women’s shower room is not accessible. Provide one shower stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and no more than 27 inches from the side wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. Standards §§ 4.1.3(11), 4.23.8, 4.21, Fig. 35(a), Fig. 37(a).

c. Lower Shelter House Men’s Restroom and Shower (Alteration)

(1) The designated accessible stall toilet paper dispenser is mounted 42 inches above the floor and 39 inches from the rear wall to the front edge of dispenser. Remount the dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finish floor to the centerline of the dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(2) The centerline of the toilet in the designated accessible stall is located 22 1/2 inches from the side wall. Provide a toilet so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(3) The rear grab bar in the designated accessible stall in the men’s toilet room is mounted 8 inches from the side wall. Provide a grab bar with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

(4) The side grab bar in the designated accessible stall is 36 inches long. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.

(5) The designated accessible stall toilet paper dispenser is mounted 41 inches above the floor and 39 inches from the rear wall to the front edge of dispenser. Remount the dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finish floor to the centerline of the dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(6) The distance between the partitions at the designated accessible urinal is 28 1/2 inches. Provide a clear floor space of at least 30 inches by 48 inches in front of the urinal. Standards §§ 4.1.3(11), 4.22.5, 4.18.3.

(7) The rim of the urinal in the men’s room is 21 3/4 inches above the finish floor. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and a flush control no higher than 44 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.4.

(8) Provide an accessible dressing area in the men’s shower room with sufficient wheelchair turning space and a 24 inch by 48 inch bench fixed to the wall along the longer dimension that is mounted between 17 and 19 inches above the finish floor. Standards §§ 4.1.3(21), 4.35.2, 4.35.4.

(9) The shower stall in the men’s shower room is not accessible. Provide one shower stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and no more than 27 inches from the side wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. Standards §§ 4.1.3(11), 4.23.8, 4.21, Fig. 35(a), Fig. 37(a).

d. Telephone

The public telephone does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control and signage, and that has its highest operable part within the reach ranges specified in the Standards. Standards §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

26. Calahan Park

The City shall complete the following alterations in Calahan Park within six months of the effective date of this Agreement:

a. Accessible Parking (Alteration)

There are four designated accessible parking spaces, none of which is served by an adjacent access aisle or identified as “van-accessible.” Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles at least 60 inches wide that comply with the Standards for the other three accessible parking spaces. Standards §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. Women’s Toilet Room (Alteration)

(1) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(2) The centerline of the designated accessible toilet is located 19 1/2 inches from the partition. Provide a toilet so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a)

(3) The rear grab bar is 31 1/2 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).

(4) The side grab bar is 33 inches long and extends 47 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.

(5) The toilet paper dispenser in the designated accessible stall is located 37 1/2 inches from the back wall. Provide a dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

c. Men’s Toilet Room (Alteration)

(1) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(2) The top of the toilet seat measures 20 1/2 inches above the finish floor. Provide a toilet with a seat between 17 and 19 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(3) The rear grab bar is 32 1/2 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).

(4) The side grab bar is 44 inches long extends 58 inches from the rear wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.

(5) The toilet paper dispenser is located 41 1/2 inches from the back wall. Provide a toilet paper dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(6) The rim of the urinal in the men’s room is 20 1/2 inches above the finish floor. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and a flush control no higher than 44 inches from the finish floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2.

27. Police Substation # 5

The City shall complete the following alterations to Police Substation #5 within 1 1/2 years of the effective date of this Agreement:

a. Accessible Route

(1) There is a 2 1/2 inch change in level along the accessible route, between the sidewalk and the concrete porch pad. Provide a route so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.2(4), 4.5.2.

b. Unisex Toilet Room (Alteration)

(1) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(2) The toilet room identification sign is not accessible. Install signage, using raised and Brailled characters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

28. Francis J. O’Brien Water Treatment Facility

The City shall complete the following modifications to the Francis J. O’Brien Water Treatment Facility within 90 days of the effective date of this Agreement:

a. Second floor Service Counter

The top of the service counter in the second floor office area is located 42 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2.(2).

29. Shamanska Park

The City shall complete the following modifications in Shamanska Park within 1 1/2 years of the effective date of this Agreement:

a. Accessible Route

(1) The front entrance ramp to the barn has no edge protection. Install edge protection along the edges of the front entrance ramp that complies with the Standards. Standards §§ 4.1.2(1), 4.3.7, 4.8.7 & Fig. 17.

(2) The playground equipment cannot be accessed because of the lack of an accessible route from the sidewalk or the street. Establish an accessible route into the playground that complies with the Standards. Standards §§ 4.1.2(1) 4.3, 4.5.

b. Women’s Toilet Room (Alteration)

The toilet paper dispenser in the accessible stall is located 55 inches from the back wall. Provide a toilet paper dispenser so that it is below the grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. Standards §§ 4.1.3(11), 4.22.4 and Fig. 30(d).

30. Battery Park

The City shall complete the following modifications in Battery Park within six months of the effective date of this Agreement:

a. Accessible Parking (Alteration)

The designated accessible parking space is not served by an adjacent access aisle or identified as van accessible. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a)&(b), 4.6.3 & Fig.9, 4.6.4.

b. Men’s Toilet Room (Alteration)

(1) There is a 1 inch change in elevation at the threshold of the entrance door to the men’s toilet room. Provide a threshold that is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.22.2.

(2) The rear grab bar is mounted with its end 12 inches from the side wall. Provide a rear grab bar that is at least 36 inches long with the end closest to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.17.6, Fig 30, 4.22.4.

c. Women’s Toilet Room (Alteration)

(1) There is a 1 3/4 inch change in level at the entrance door to the women’s toilet room. Provide threshold that is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(3), 4.22.2.

(2) The rear grab bar is mounted with its end 12 inches from the side wall. Provide a rear grab bar that is at least 36 inches long with the end closest to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.17.6, Fig 30, 4.22.4.

(3) The side grab bar is 36 inches long. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(d), 4.26.

(4) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(5) The toilet paper dispenser is located 43 inches from the back wall. Provide a toilet paper dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finish floor. Standards §§ 4.1.3(11), 4.22.4 and Fig. 30(d).

31. Roosevelt Park

The City shall complete the following modifications in Roosevelt Park within two years of the effective date of this Agreement:

a. Men’s Toilet Room (Alteration)

The designated accessible toilet stall contains the following non-compliant elements: the stall is 44 inches wide, there are no grab bars, and the centerline of the toilet is 24 inches from the side wall. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.1.3(11), 4.17, 4.17.3, 4.17.6 & Fig. 30 (a), (c), (d), 4.22.4, 4.26, 4.27.

b. Women’s Toilet Room (Alteration)

The designated accessible toilet stall contains the following non-compliant elements: the stall is 441/2 inches wide, there are no grab bars, and the centerline of the toilet is 24 inches from the side wall. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.22.4, 4.17.3, 4.17.6 & Fig. 30 (a), (c), (d), 4.26, 4.27.

c. Signage

After modifications, install signage that complies with the Standards and identifies the mens and women’s permanent toilet rooms as accessible. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

32. Schifiliti Park

The City shall complete the following alterations in Schifiliti Park within 1 year of the effective date of this Agreement:

a. Accessible Route

(1) There is a 1 1/2 change in level at the overhead sidewalk entrance door. Provide a threshold that is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7), 4.13.8.

(2) The top of the Concession Stand service counter is located 43 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2(2).

The City shall complete the following alterations in Schifiliti Park within two years of the effective date of this Agreement:

b. Women’s Toilet Room

(1) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 42 1/2 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(2) The designated accessible toilet stall is 37 1/2 inches wide. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.22.4, 4.17.3, 4.17.6 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(3) The paper towel dispenser protrudes more than 4 inches into the circulation path to the lavatories. Remove obstructions in the circulation path to the lavatory. Provide a paper towel dispenser that has its highest operable part within the reach ranges of a person who uses a wheelchair, and has a clear floor space of 30 inches by 48 inches. Standards §§ 4.1.3(2), 4.4.1, 4.4.2; 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.

c. Men’s Toilet Room

(1) The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 42 1/2 inches above the finish floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(2) The designated accessible toilet stall is 37 1/2 inches wide. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.22.4, 4.17.3, 4.17.6 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(3) The paper towel dispenser protrudes more than 4 inches into the circulation path to the lavatories. Remove obstructions in the circulation path to the lavatory. Provide a paper towel dispenser that has its highest operable part within the reach ranges of a person who uses a wheelchair, and has a clear floor space of 30 inches by 48 inches. Standards §§ 4.1.3(2), 4.4.1, 4.4.2; 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.

33. Perkins Pier

The City shall make the following modifications to the Perkins Pier Building within six months of the effective date of this Agreement:

a. Accessible Parking

Two designated accessible parking spaces are provided. Signage for one of the spaces cannot be seen over a vehicle parked in the space and neither space is van-accessible. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide. Locate signage at each space mounted so that it cannot be obscured by a vehicle parked in the space. Provide and additional sign designating the space as “van-accessible”with sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. Accessible Route

There is no handrail on the right side of the entrance ramp. Install a handrail on the right side of the ramp that is between 34 and 38 inches high, has an extension of at least 12 inches beyond the top and bottom of the ramp segment, and has ends that are rounded or returned to the floor, wall, or post and otherwise complies with the Standards. Standards §§ 4.1.2(1), 4.3.7, 4.8.5, 4.26.

c. Women’s Toilet Room (Alteration)

(1) There is no rear grab bar in the toilet room. Provide a grab bar that is at least 36 inches long and that is mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.

(2) The mirror is mounted with its bottom edge 50 inches above the finish floor. Remount the mirror so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.19.2, 4.22.6.

(3) The toilet paper dispenser is installed above the grab bar and its farthest edge is 45 inches from the rear wall. Provide a toilet paper dispenser that is within reach, below the grab bar and at least 19 inches above the finish floor to the centerline of the roll. Standards §§ 4.1.3(11), 4.16.6 and Fig. 29(b), 4.22.4.

d. Men’s Toilet Room (Alteration)

(1) The mirror is located 53 inches above the finish floor. Provide a mirror so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.19.6. 4.22.6.

(2) The rim of the urinal in the men’s room is 26 1/2 inches above the finish floor. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and a flush control no higher than 44 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.4.

34. Ethan Allen Park

The City shall make the following modifications to the Ethan Allen Park within 30 days of the effective date of this Agreement:

a. Accessible Parking (Alteration)

The designated accessible parking space is not van accessible. Install a “van accessible” sign mounted below the symbol of accessibility, provide an access aisle 96 inches wide, and raise the sign so that it cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

35. Fletcher Free Library.

The City shall make the following alterations to the Fletcher Free Library within one year of the effective date of this Agreement:

a. Signage

The toilet rooms’ identification signs are not accessible. Install signage, using raised and Brailled characters, on the wall adjacent to the latch side of the each door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. Men’s Toilet Room (Mezzanine level)

There are two side grab bars in the designated accessible stall, 24 inches and 48 inches above the finish floor. Provide a side grab bar that is 33-36 inches above the floor, at least 40 inches in length, and begins no more than 12 inches from the back wall. Provide a rear grab bar so that it is at least 36 inches in length, 33-36 inches above the finish floor, and begins no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.17.6, Fig.30(a),(b),(c), 4.22.4, 4.26.

c. Women’s Toilet Room (Mezzanine level)

(1) There are two side grab bars in the designated accessible stall, 24 inches and 48 inches above the finish floor. Provide a side grab bar that is 33-36 inches above the floor, at least 40 inches in length, and begins no more than 12 inches from the back wall. Provide a rear grab bar so that it is at least 36 inches in length, 33-36 inches above the finish floor, and begins no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.17.6, Fig. 30(a),(b),(c), 4.22.4, 4.26.

(2) The lavatory faucets are twist-handle. Provide faucets that can be operated with one hand and do not require tight grasping, pinching or twisting of the wrist. Standards §§ 4.1.3(11), 4.19.5, 4.22.6, 4.27.4.

d. Men’s Toilet Room (Basement level)

(1) The vanity mounted lavatory has a clearance of 27 inches to the bottom of the apron. Provide a clearance of 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.3(11), 4.19.2 & Fig 31, 4.22.6.

(2) There are two side grab bars mounted at 24 and 48 inches. Provide a side grab bar that is 33-36 inches from the floor, at least 40 inches in length, and begins no more than 12 inches from the back wall. Provide a rear grab bar so that it is at least 36 inches in length, 33-36 inches above the finish floor, and begins no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.17.6, Fig. 30(a),(b),(c), 4.22.4, 4.26.

(3) The toilet paper dispenser is installed 44 inches above the floor and its farthest edge is 38 inches from the rear wall. Remount the dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finish floor to the centerline of the dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

e. Women’s Toilet Room (Basement level)

(1) There are two side grab bars mounted at 24 and 48 inches. Provide a side grab bar that is 33-36 inches from the floor, at least 40 inches in length, and begins no more than 12 inches from the back wall. Provide a rear grab bar so that it is at least 36 inches in length, 33-36 inches above the finish floor, and begins no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.17.6, Fig. 30(a),(b),(c), 4.22.4, 4.26.

(2) The stall door has a thumb latch. Provide stall door hardware that does not require tight grasping, pinching, or twisting of the wrist. Standards §§ 4.13.9, 4.17.5, 4.27.4

(3) The vanity mounted lavatory has a clearance of 27 inches to the bottom of the apron. Provide a clearance of 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.3(11), 4.19.2 & Fig 31, 4.22.6.

36. Bernard J. Leddy Court-Park

The City shall complete the following modifications to the Bernard J. Leddy Court-Park within 30 days of the effective date of this Agreement:

a. Toilet Rooms

The rear grab bar in the accessible stall begins at 8 inches from the side wall. Provide a grab bar that is mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).

37. City Hall

The City shall complete the following modifications to City Hall within 6 months of the effective date of this agreement:

a. Accessible Route

There is a handrail on one side of the ramp leading from elevators and entrance. Provide handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post and otherwise comply with the Standards. Standards §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26.

IMPLEMENTATION AND ENFORCEMENT

38. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date until the Agreement terminates, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports may include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, or proof of efforts to secure funding/assistance for structural renovations.

39. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

40. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

41. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

42. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement unless a request made pursuant to paragraph 39 is pending for that requirement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the City.

43. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request.

44. The effective date of this Agreement is the date of the last signature below.

45. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.

46. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

47. The person signing for the City of Burlington represents that he is authorized to bind the City to this Agreement.

For the City:

For the United States:

__________________________ PETER CLAVELLE Mayor City of Burlington 149 Church Street Burlington, Vermont 05401 Date       11/27/02

RALPH F. BOYD, JR. Assistant Attorney General for Civil Rights By:__________________________ JOHN L. WODATCH, Chief SUSAN BUCKINGHAM REILLY, Deputy Chief JOSH MENDELSOHN, Supervisory Attorney RON WHISONANT, Investigator MICHELE ANTONIO MALLOZZI, Architect Disability Rights Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 305-8710 Date       12/02/02

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March 31, 2003